Facts:

• The case of Somes v. Crossfield took place in the Court of First Instance of Manila.
• The plaintiff, Enrique F. Somes, filed a motion for a preliminary injunction to prevent the defendants from selling certain property while the case was ongoing.
• The court denied the motion for the preliminary injunction but ordered that the proceeds from the sales be deposited in the court, subject to further orders, if the plaintiff executed a bond worth 10,000 pesos.
• The plaintiff did not give the bond and instead filed an original action of certiorari in the higher court, claiming that the lower court exceeded its jurisdiction in making the order.

Issue:

• (Unlock)

Ruling:

• The court ruled that the lower court did not exceed its jurisdiction in making the order.
• The demurrer filed by the defendants was sustained, and the plaintiff was given five days to amend the complaint.
• If no amended...(Unlock)

Ratio:

• The court based its ruling on the fact that the plaintiff did not give the bond mentioned in the order of the lower court.
• Therefore, the part of the order relating to the deposit of the proceeds i...continue reading